Ornstein v. Goldberg , 241 A.D. 607 ( 1934 )

Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The plaintiff’s evidence was sufficient to establish a prima facie case. The questions of probable cause and malice were both for the jury. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.